Since the start of the COVID-19 pandemic, domestic violence incidents have been on the rise. In some areas of the United States, domestic abuse crime reports have risen as much as 25 percent. Domestic violence is taken seriously in Illinois, with stiff penalties for those convicted of this type of crime. Although false allegations are rare, you should be ready to aggressively defend yourself in court if you face them. Work with an accomplished domestic violence attorney to develop a thorough understanding of Illinois domestic violence law and build your case. 

Why Would Someone Make False Allegations of Domestic Violence?

First, it is vital to understand who can make domestic violence claims in Illinois. This includes “family members, spouses or ex-spouses, people who share a residence, people who have a child in common, people who are dating or used to date, and people with disabilities and their personal assistants.” Domestic violence is not limited to the nuclear family. Many people are capable of making domestic violence allegations that you should treat seriously.

The state of Illinois has been encouraging people to stay at home in recent weeks to stop the spread of COVID-19, but for some, this new stay-at-home rule could mean an increase in domestic violence. It is frustrating to be cooped up at home, and in certain cases, these feelings could lead to a higher rate of abuse accusations. Some people may be wondering about their legal options during a stay-at-home order. Courts in Illinois are still open for business with modified hours to ensure that victims of domestic violence can file for orders of protection. If an emergency protective order is granted, an alleged abuser may be required to find another place to stay throughout the duration of the stay-at-home order. If an order of protection has been issued against you in Illinois, it is essential that you understand its stipulations to avoid criminal charges. 

What Is an Order of Protection?

An Illinois order of protection is a legal document issued by the court that keeps a victim of domestic violence separate from his or her alleged abuser both physically and via electronic communication. Anyone who is allegedly being abused by a member of his or her household can petition for a protective order. Members of a household include:

The Illinois State Police approximates that 95 percent of domestic violence cases are men beating women. One case happens every 15 seconds, and Illinois has severe punishments for those offenders convicted of the crime. Charges can range from a misdemeanor to a felony, and convicted abusers can also face many ramifications to their lives, including no access to their victims, isolation from their community, a tarnish on their reputation, and the inability to get a job or purchase a house.

Illinois Domestic Violence Act

The state of Illinois observes domestic violence between members of a household, including:

When violence, threats, and/or physical altercations occur during an argument between family members or intimate partners, there is a risk of domestic violence charges for at least one of the involved parties. Those that have never been in such a situation might not understand what this truly means for their current situation, or their future. The following information can help you better understand the potential consequences of a domestic violence charge, and how you can fight back against them.

What Constitutes Domestic Violence in Illinois?

Domestic violence is any intentional act that causes bodily harm to a family or household member, or physical contact that is insulting or provoking in nature (i.e. pinching, pulling on clothing, threatening with a firearm, etc.). What this means is that you can be charged with domestic violence, even if you did not cause any physical harm. The victim only needed to believe they were at risk for bodily injury. It should also be noted that “family members” include a wide range of persons, including:

Considered a serious crime in the state of Illinois, domestic battery can lead to severe and long-lasting penalties for the accused. In fact, a single accusation can completely turn your life upside down, potentially putting your livelihood, reputation, and even your family at risk. If you are facing a domestic violence charge in Illinois, learn what the potential consequences could be, and how you can best protect yourself from the possible consequences of a conviction.

What Constitutes Domestic Battery in Illinois

Defined as intentionally causing physical harm to a family member, intimate partner, or former family member/intimate partner, domestic battery charges can arise out of either actual physical violence, or verbal threats and provocative body language that causes the victim to believe they are at an immediate risk for harm. Examples of actions that can be considered domestic battery may include (but is not limited to):